Preparing for Battle: How to Build a Strong Case for Your Personal Injury Claim
Even though you might be the victim of an incident that you had no part in instigating or desire to be involved with, you can still be thrown underneath the bus by all the vested interests that have the desire to avoid compensating you for what you deserve. Setting up proceedings against someone else or a business based on the fact that you were injured from their action (or negligence) is no mean feat. Without a deep understanding of what it entails, any compensation you're rewarded with could be drastically lower than you imagined, leaving you considerably out of pocket or, even worse, be thrown out altogether. This post will explore the steps you ought to take to ensure that you're able to build a rock-solid case and walk away with everything you need to get your life back on track.
Enlist Professional Help
Before you do anything (outside of acquiring treatment for your injuries), you absolutely must speak with an attorney. It's easy to believe that you can represent yourself in order to gain the maximum payout and avoid having to pay legal fees, but taking this line will only serve to lower your odds of success and ensure that you get eaten alive by the insurers and their significant legal counsel. This makes it vital that you hire not just an expert lawyer to represent you in proceedings but also one with expertise in your specific case. This might be an RTA, dog attack, medical malpractice suit, or whatever it was that caused your change in circumstance. In fact, when you hire a well-respected firm, their lawyers will act on your behalf in many of the tasks that are typically required to develop a successful case and ultimately win. They will negotiate with the other side to get a settlement offer that works for you, deal with insurers who aren't playing ball, and, if push comes to shove, craft a winning strategy that you can use if the case ends up in court. The process will vary from firm to firm, but in most cases, you can create a shortlist of law firms in your local area and set up an initial appointment with them to go over your situation and what's required to get things moving in the right direction.
Collect Comprehensive Evidence
No matter how cut and dry a case may seem to you, it's almost impossible to win or receive your just deserts if you don't have enough relevant evidence. The sort of evidence you need to collect will vary based on what happened (i.e., a car accident may require photos while a medical malpractice suit might demand expert testimony and so on), but it will mainly involve the following:
Medical records: perhaps first and foremost on your list ought to be gathering all the documents connected to the treatments you've received (or will need in the future) and any costs involved. These will be used to prove the severity of your injuries and can make a difference in whatever final figure is arrived at.
Accident reports: If the incident required emergency services at the scene, you should contact the police department and request a report. Even if the incident didn't involve the police or other emergency services, most business places will have some form of record keeping for these cases.
Witness statement: A high-quality witness statement can sometimes be the key component in proving liability.
Visual evidence: Photos and videos are often enough to prove what went down, and if the proof is undeniable, you might even achieve a high out-of-court settlement from this evidence alone.
Financial records: Your medical costs and lost earnings should be documented so that you are able to prove how much out of pocket this situation has made you and so a reasonable figure can be arrived at.
Document Daily Experiences And Challenges During Recovery
In order to add a personal spin to your case, it pays to note down how the incident has affected your life and to what degree. You're not using this information to try to elicit some kind of emotional reason (which is almost always ignored by those controlling the purse strings) but rather to strengthen your case and give a better indication of why you need the amount you're asking for and how it will likely be spent. It's also sometimes possible to gain recompense from the rather ambiguously termed emotional stress of the situation and increase a potential payout considerably. It also gives you a bargaining chip when dealing with insurers, making it harder for them to dispute the severity of your injuries or their impact on your life since this is not something easily disputed (as long as it is based on other evidence such as the cost to your quality of life and bank balance).
Communicate Effectively With Insurance Adjusters
Detailed communication with the insurance adjusters will arguably be the most challenging aspect of the entire case and is best left to your lawyer. You ought to be involved and kept in the loop, but no good will come by dealing with them alone. Additionally, if you're ever contacted by them, you must inform them that you will only speak to them when your attorney is present. Not doing so could cause you to divulge information they may use to get the case dismissed or twist it in such a way as to prove shared liability. It's also helpful to note that you must always remain calm and avoid unnecessary conflict. Remaining calm will smooth out the procedure and make the road to compensation far shorter than it might otherwise end up being.
Prepare For Potential Litigation Proceedings
If all else fails, you may need to begin proceedings for a potential court hearing. This is obviously the last thing anyone really wants, but if the other side is being purposefully incalcitrant, this might be the only way forward. As long as you have your evidence on hand, a great lawyer by your side, and a solid strategy, you will have nothing to fear.
Personal injury claims can often be far more convoluted than one might desire, but with enough preparation, you are more likely than not to get what you deserve. Aside from a lawyer to help you through the process, gathering the right sort of evidence will greatly influence your case in your favor.
